Fairfax County Sheriff Refused 1,670 ICE Holds. On the Streets They Walked.

Fairfax County Government Center, Fairfax, Virginia.
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Congress finally counted. In a report released Tuesday, October 20, 2026, the House Judiciary Committee says the Fairfax County Sheriff’s Office declined at least 1,670 ICE requests to hold someone in its jail from 2023 through 2025.

That is not a Republican guess. The Sheriff’s Office handed Congress its own numbers: 517 declined detainers in 2023, 705 in 2024, and 448 in 2025.

And the jail is only half the story. The same report says Commonwealth’s Attorney Steve Descano (D) “routinely fails to prosecute or under-prosecutes criminal aliens in Fairfax County.”

We have three members of Congress of our own. Not one of them asked for this count, as far as their official press pages show (Beyer, Subramanyam, Walkinshaw). A committee chaired by an Ohioan had to do it for us. Hold that thought.

“Minor Crimes,” He Said. The Report Tells a Darker Story.

The committee, led by Chairman Jim Jordan (R-OH) and Immigration Subcommittee Chairman Tom McClintock (R-CA), went through more than 1,100 criminal cases. It found more than 100 criminal aliens, never reported before, who benefited from Descano’s refusal to prosecute or his under-prosecution.

The report says his office “rarely pursues charges against criminal aliens arrested for driving under the influence, felony drug possession, felony grand larceny, larceny, shoplifting, fraud, trespass, destruction of property, and assault of a law enforcement officer.”

In most of the cases reviewed, the report says, they went on to commit new crimes, “even escalating their criminal behavior to violent offenses and even murder.”

One serial fraudster from China had more than 50 charges dropped by Descano’s office, according to the report.

Then there is what Descano told Congress. In May he testified his immigration policy was “written with legal permanent residents in mind for minor crimes.” In a September letter, the report says, he admitted his prosecutors may also weigh immigration consequences for people here illegally.

His chief of staff, Laura Birnbaum, called the report “recycled Republican talking points put out weeks before the midterm elections.”

Translation: the numbers came from Fairfax County’s own files, and the best answer his office has is the calendar.

Arrested More Than 30 Times. So How Did Fairfax Lose This Case?

You do not need a congressional report to see how this works. On Monday, October 19, 2026, the day before the report came out, WJLA reported on Naim Arrak, a man arrested more than 30 times in five counties on more than 90 charges.

Arrak was on trial in Fairfax for selling hard drugs, a felony that carries five to 40 years in prison. The judge had ordered Descano’s office to turn over its witness list at least 14 days before trial. Court records show it never did.

Then the jury was sent home and the charges were dropped. TheBlaze put it this way: an illegal alien facing 40 years until the prosecutor “botched” a simple detail.

Descano’s office told WJLA the defense had “ample notice” because subpoenas were issued in June. The judge excluded the witnesses anyway.

Arrak is not on the street tonight. He sits in the Arlington jail on separate charges, including possessing a gun as an illegal immigrant, with a trial set for January 2027. Arlington is holding him. Fairfax could not hold a case.

Released December 16. Read What the Report Says Came Next.

The 1,670 belongs to Sheriff Stacey Kincaid (D). Her written policy says her office “will not detain an individual based on an informal request or detainer.” She wants a judge’s warrant, and she ended the county’s agreement with ICE back in 2018.

But when Congress asked her about one release, she pointed down the hall. “As Sheriff of Fairfax County, I have no say in the prosecution of any inmate,” she wrote to the committee in March 2026.

She has said it before, too: “It’s shameful the way things have not been prosecuted.”

The release she was explaining tells you how the two offices work together. Descano’s office dropped charges against Marvin Morales-Ortez, an alleged MS-13 member, which the report says “paved the way for” Kincaid “to refuse to honor an ICE detainer and release him into the community” on December 16, 2025.

One day later, the report says, he allegedly murdered a man in Reston. He is charged with second-degree murder.

A Democrat prosecutor who drops the charges. A Democrat sheriff who opens the door. Each one says the other is the problem. We say they are the same problem, and a man in Reston is dead.

One of Them Did Demand an Investigation. Just Not This One.

Fairfax County voters elect three members of the U.S. House, in the 8th, 10th, and 11th districts: Rep. Don Beyer (D-VA-8), Rep. Suhas Subramanyam (D-VA-10), and Rep. James Walkinshaw (D-VA-11). Congress held a hearing on their county in May and subpoenaed their prosecutor in September. Here is what they were doing the week the report landed.

Walkinshaw, on the day the report came out, put out a statement on a diesel deal with Russia. Beyer’s office put out releases that week on a Trump arch (October 15) and East Potomac Park (October 17).

Subramanyam found his voice on ICE four days earlier. After agents in Loudoun detained a Marine veteran who is a U.S. citizen, he said he was “appalled,” wrote “I am demanding a full investigation,” and closed with “We need to end this madness.”

One detention got a demand for an investigation. At least 1,670 declined detainers in his own county got silence. Through October 27, none of the three has said a word about the report on their official press pages (Beyer, Subramanyam, Walkinshaw).

It is not that they never had the chance. Back in May, when the Justice Department opened its own probe of Descano, Walkinshaw told Fox News he expected it to be “another loss in their column”.

“I think the DOJ has been putting a lot of ‘Ls’ on the board. I think this would be another loss in their column.”

Beyer said, “I very much hope and believe that the Commonwealth attorney has done nothing wrong or untoward.” Hope is not oversight. Oversight is what Jordan and McClintock just did.

So, thank you to the House Judiciary Committee. You did the job our own congressmen would not touch. You asked for the records, you counted, and you put your name on the result.

We said this in May, after the committee’s hearing on their own county. We are saying it again now that the numbers are in. Nothing has changed but the count.

We Have a Theory. The Report Does Not Make It.

We can think of only one explanation, and it is ours, not the report’s. They are so in love with what illegal immigration does to the labor force, a cheap and quiet workforce that keeps wages down, that they will trade your safety to keep it.

Remember that the next time one of them tells you Fairfax is one of the safest places in America. Ask them about 1,670. Ask them about the man in Reston. Then watch them change the subject to a diesel deal.

Which of These Five Can You Actually Vote Out?

The record, in order. Descano’s office dropped the charges on Morales-Ortez, and Kincaid’s jail declined the detainer. Descano’s office never filed the Arrak witness list. Walkinshaw called the probe another loss for the DOJ, and Beyer hoped. Subramanyam demanded an investigation of ICE, not of Fairfax.

Beyer, Subramanyam, and Walkinshaw are all on the ballot right now. Early voting runs through Saturday, October 31, 2026, and Election Day is Tuesday, November 3, 2026.

Descano is not on this ballot. He was re-elected in 2023 with no opponent on the general election ballot, and Virginia gives a prosecutor a four-year term. He already has a Democrat primary challenger for June 2027, with the general election that November. Put it on the calendar now.

Congress counted. Now we count. Three congressmen this week, and Steve Descano in 2027.

Get Off The Sidelines In 2026!

Mark Warner. Don Beyer. Suhas Subramanyam. James Walkinshaw. In 2026, we send them packing. In 2027, we take back every seat on the Board of Supervisors and School Board. Two cycles. One mission. And it starts with you.
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